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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance other than the following Paragraph 2, since the court's reasoning for this case is the same as that of the judgment of the court of first instance, it shall be accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The part of the daily work that "in light of the above facts, the number of working days to be included in the workers in accordance with the wage agreement of this case increases, and thus, the plaintiff is likely to be subject to the wage provision of the daily work. Thus, it is difficult to conclude that the method of the wage agreement as above is disadvantageous to the plaintiff in terms of total wages, compared to the method of paying overtime allowances, since the number of working days to be included in the workers is increased in accordance with the wage agreement of this case.
[Where the number of working days per month does not exceed 22 days even if the last day worked for 2 days, as claimed by the Plaintiff, the hourly ordinary wage corresponding to 23 hours ( = 8 hours per day's contractual work and 10 hours' overtime work x 1.5) can be paid if the wage is calculated by deeming it as 8 hours' contractual work and 10 hours' overtime work, as claimed by the Plaintiff. However, in accordance with the wage agreement, it is true that the payment of wages out of the amount of wages corresponding to 19 hours per day's ordinary wage (=1.5 hours by applying the premium rate to 8 hours' overtime work day's or 1 hours' overtime work x 2 days) x 2 days' ordinary wage standard. However, the Plaintiff's claim under different premise is not reasonable.
Furthermore, the following circumstances, i.e., working hours on the A.M. and on the day when there is a change in working hours between the A.M. and the P.M., are included in the statement No. 4(including the paper number), the testimony of the witness P of the first instance and the entire arguments.